DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uralba (Carcoar) Inc. T/A Uralba Retirement Village
(AG2017/5581)

THE URALBA (CARCOAR) INC., NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 18 DECEMBER 2017

Application for approval of The Uralba (Carcoar) Inc., NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Uralba (Carcoar) Inc., NSWNMA and HSU NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uralba (Carcoar) Inc. T/A Uralba Retirement Village. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Health Services Union of Australia, the NSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uralba (Carcoar) Inc. T/A Uralba Retirement Village sought approval for an enterprise agreement with the NSW Nurses and Midwives' Association and the Health Services Union NSW. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement would promote harmonious, productive and economic relationships in the workplace, and whether it contained provisions that were unfair.

The legal issues before the Commission involved assessing whether the agreement contained provisions that were unfair under section 235 of the Fair Work Act, and whether the agreement promoted the principles of harmonious, productive and economic relationships under section 232. The Commission also had to consider whether the agreement met the other criteria for approval under section 230 of the Act.

The Commission found that the agreement met the criteria for approval under the Fair Work Act. It found that the agreement contained provisions that were not unfair and that it promoted harmonious, productive and economic relationships in the workplace. The Commission also found that the agreement contained appropriate mechanisms for the resolution of disputes and for the protection of employees' rights. The Commission approved the agreement and made an order to that effect.

The Commission ordered that the enterprise agreement be approved as a registered agreement under Part 2-6 of the Fair Work Act. The agreement was to be registered by the Registrar of the Fair Work Commission, and the parties were required to provide a copy of the registered agreement to the Commission within 14 days of registration. The order also provided for the agreement to be in force from the date of registration and to remain in force until it was varied, replaced or terminated in accordance with the Act.

Uralba (Carcoar) Inc. T/A Uralba Retirement Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established